- (1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate.
(2.) THIS writ petition has been filed for quashing an F.I.R and staying the arrest of the petitioner in Case Crime No.3203 of 2014 under Sections 419, 420, 406 IPC at P.S. Kotwali Nagar District Hardoi.
(3.) BY the amendment vide Act No. 5 of 2009, which has come into effect from 01.11.2010, it has been provided in Section 41(1)(b) Cr.P.C. that a person against whom credible information of being involved in a cognizable offence punishable with imprisonment of 7 years or less is reported to the police officer, the police officer, can only arrest an accused if he is satisfied that: (a) there is probability of the accused committing another offence, (b) for proper investigation of the offence, (c) to prevent such person from causing the evidence of the offence to disappear or his tampering with the evidence in any manner, (d) to prevent such person from making any inducement, threat or promise to the witnesses to disclose such facts to the court or to the police, (e) unless the person is arrested, his presence in court could not be ensured and the police officer has to record the reasons in writing before making such arrest. The present case is one punishable with imprisonment upto 7 years. The petitioner should, therefore have no apprehension that he would be arrested unless there are conditions justifying his arrest as mentioned above and provided under section 41(1)(b) Cr.P.C.;